Subordinasi Gender yang Terlembaga dalam Norma Aborsi Indonesia: Pembacaan Pendekatan Dominasi MacKinnon dan Connection Thesis Robin West

Abstract

Indonesia has ratified every major instrument on women's reproductive rights, yet its reformed abortion norms still fall short of them. Human rights analysis shows this non-compliance but cannot explain why it persists, and existing feminist readings focus on single provisions, leaving a research gap: no study traces how gender subordination operates across the criminal, health and implementing layers together. This study aims to explain that persistence by reading Indonesian abortion norms through Catharine MacKinnon's dominance approach and Robin West's connection thesis, supplemented by Miranda Fricker's concept of epistemic injustice. It uses doctrinal legal research with statutory and conceptual approaches and the feminist method of asking the woman question. The results show that exceptions rest on victimhood and pathology rather than autonomy; decision-making authority is distributed to investigators, review teams, doctors and husbands; the medical-emergency threshold disguises a normative choice as a technical one; and the norms have a full vocabulary for the foetus but none for the pregnant woman's experience. The novelty is a three-layer framework of subordination, namely construction of the legal subject, distribution of authority and recognition of legitimate knowledge, showing that inconsistent norms nonetheless produce a consistent distribution of power.